You said:...

Furthermore, the patent that emerges from reexamination may be perceived as having “survived” a validity challenge and a court or jury may be reluctant to invalidate the patent during subsequent litigation."

And, that my friend was the question before DM ater the judge ruled as she did. Considering that there were 170+ more defendants to go after, DM did the logical and riht hing in choosing to go the re-examinaion route, instead of 2-3 years appellate process. And as you observe after the re-exam here will be no issue to confuse about "Sole memory", or what have you.

In the mean time they cashed out the remainder of Colorado 19, built a babalane in their account, reorganizd their whole IP Department by putting under Jamesen...

Now, what a see is a PLAN COMING TOGETHER...

GLTA...

Gil...